11/19. The House passed
HR 3140,
the "Fairness to Contact Lens Consumers Act", by a vote of 406-12. See,
Roll
Call No. 644.

The bill does not reference the internet. However, it would
remove some barriers to the sale of contact lenses
over the internet. For example, it would require that ophthalmologists and
optometrists release contact lens prescriptions to their patients and verify
contact lens prescriptions for internet sellers and other third parties.

The bill was introduced on September 23, 2003 by
Rep. Richard Burr (R-NC). An earlier
version of the bill,
HR 2221,
also titled the "Fairness to Contact Lens Consumers Act", was introduced on May
22, 2003 by Rep. Burr. The House Commerce
Committee's Subcommittee on Commerce, Trade, and Consumer Protection held a hearing
on September 9, 2003. The Subcommittee approved the bill on September 24, and the
full Committee approved it on October 1, 2003.

He stated that "In seven days, consumers will be able to enjoy new freedom in their
phone service. Freedom to choose among cellular providers and keep their phone number, and
Freedom to choose whether to cut the cord entirely and move their wired phone number to
their wireless phone."

On November 10, the FCC announced and released a
Memorandum Opinion and Order and Further Notice of Proposed Rulemaking [35
pages in PDF] regarding local number portability (LNP). This item states that
"We find that porting from a wireline carrier to a
wireless carrier is required where the requesting wireless carrier's ``coverage
area´´ overlaps the geographic location in which the customer's wireline number
is provisioned, provided that the porting-in carrier maintains the number’s
original rate center designation following the port." It also states that
"wireline carriers may not require wireless
carriers to enter into interconnection agreements as a precondition to porting
between the carriers." This is FCC 03-284 in CC Docket No. 95-116. See,
story titled "FCC Releases LNP Order That Addresses Wireline to Wireless"
in TLJ Daily E-Mail Alert No. 776, November 11, 2003.

On October 7, 2003, the FCC issued a
Memorandum Opinion and Order (MOO) [PDF] in its proceeding titled "In
the Matter of Telephone Number Portability -- Carrier Requests for Clarification
of Wireless-Wireless Porting Issues". This MOO addressed wireless to wireless,
but not wireless to wireline, LNP issues. See, story titled "FCC Issues LNP Order"
in TLJ Daily E-Mail Alert No. 756, October 9, 2003. This is FCC 03-237, in CC Docket
No. 95-116.

Steve Largent, P/CEO of Cellular Telecommunications
Industry Association (CTIA) stated in
a release that
"Chairman Powell is right on the mark -- competition brings consumers lower
prices, better quality, and more innovation ... Wireless competition has
delivered for wireless consumers, and wireline consumers expect and deserve the
same benefits. It's a simple matter of allowing competition into the marketplace
to serve consumers better. Consumers should be able to take their phone numbers
from wireless to wireless, from wireline to wireless, and vice versa."

The petitioners write that "The Commission's decision to require wireline
local exchange carriers ("LECs") to port numbers to any wireless carrier that
provides service in the customer's rate center -- even if the wireless carrier
lacks any numbering resources or point of interconnection in that rate center --
was procedurally improper and substantively inequitable."

Walter McCormick, P/CEO of the USTA, stated in a
release that the
FCC's "piecemeal approach to intermodal number portability will lead to negative
consequences for carriers and their customers". He continued that "Real
competition is a two-way street. This is government-managed competition at its
worst ... These rules place the FCC in the role of ‘traffic cop,’ directing consumers
away from wireline companies and toward wireless ones. Consumers don't have a real choice
to move in the opposite direction, which means local telecommunications
companies don't have the opportunity to compete on an equal footing for their
business. This is a victory for regulatory favoritism rather than head-to-head
competition."

The USTA release adds that if the FCC does not grant a stay, then the USTA "will
ask the courts to intervene on behalf of regulatory parity and real consumer choice."

House Subcommittee Holds Hearing on Cyber
Security and Consumer Data

11/19. The
House Commerce Committee's
Subcommittee on Commerce, Trade, and Consumer Protection will hold a hearing titled
"Cybersecurity & Consumer Data: What's at Risk for the Consumer?".

Federal Trade Commission (FTC) Commissioner Orson Swindle
wrote in his
prepared testimony that the FTC "has sought to address concerns about the
security of our nation's computer systems through a combined approach that
stresses the education of businesses, consumers, and government agencies about
the fundamental importance of good security practices; law enforcement actions;
and international cooperation." He added that "In the information security
matters, our enforcement tools derive from Section 5 of the FTC Act, which
prohibits unfair or deception acts or practices, and the Commission's Gramm-Leach-Bliley
Safeguard Rule".

Scott Charney, Microsoft's Chief Trustworthy Computing Strategist, wrote in
his
prepared testimony that the government should do several things. He stated
that "law enforcement should receive additional resources, personnel, and
equipment in order to investigate and prosecute cyber crimes. We also support
tough penalties on criminal hackers, such as forfeiture of personal property
used in committing these crimes."

He also stated that the "public sector should increase its support for basic
research in technology and should maintain its traditional support for
transferring the results of federally-funded R&D under permissive licenses to
the private sector so that all industry participants can further develop the
technology and commercialize it to help make all software more secure."

He also advocated greater cross-jurisdictional cooperation among law
enforcement agencies, reduced barriers to the exchange of information, and
government leading by example.

Rep. Mary Bono (R-CA) advocated passage of
HR 2929,
the "Safeguard Against Privacy Invasions Act", which she introduced on July 25, 2003
along with
Rep. Edolphus Towns (D-NY). This bill
would prohibit the distribution of certain spyware programs over the internet
without notice and consent. See, story titled "Rep. Bono Introduces Spyware
Bill" in TLJ Daily
E-Mail Alert No. 706, July 29, 2003.

She stated that this bill
"would help prevent Internet spying by requiring spyware entities to inform
computer users of the presence of such software, the nature of spyware, and its
intended function. Moreover, before downloading such software, spyware
companies would first have to obtain permission from the computer user."

She continued that "This is a
very basic concept. The PC has become our new town square and global market as
well as our private database. If a consumer downloads software that can monitor
the information shared during transactions, for the sake of the consumer as well
as e-commerce, it is imperative that the consumer be informed of whom he or she
is inviting into their computer and what he or she is capable of. After being
informed, the consumer should have the chance to decide whether to continue with
the download."

Rep. Billy Tauzin (R-LA), the
Chairman of the full Committee, issued a statement in which he wrote that "The
public needs to be better educated about anti-virus
software and personal firewalls for their home computers, as well as the
insidious 'SpyWare' technology that can monitor individuals' computers and their
actions on the Internet. I know the gentlelady from California, Ms. Bono, has
introduced a bill -- H.R. 2929, 'The Safeguard Against Privacy Invasions Act" --
that attempts to deal with this concern, and I look forward to working with her
on the bill to try to prevent these intrusions."

11/19. The House Judiciary
Committee held an oversight hearing titled "Saving the Savings Clause:
Congressional Intent, the Trinko Case, and the Role of the Antitrust Laws in
Promoting Competition in the Telecom Sector". See, prepared testimony in PDF of witnesses:
Hewitt Pate
(Assistant Attorney General in charge of the Antitrust Division),
Alfred Pfeiffer
(Association for Local Telecommunications Services and the Competitive
Telecommunications Association),
John Thorne
(Verizon), and
Christopher Wright
(Harris Wiltshire & Grannis). See also, TLJ
story
titled "Supreme Court Grants Certiorari in Verizon v. Trinko", March 10,
2003. The Supreme Court has heard oral argument, but not released its opinion,
in this case.

11/19. The House
Commerce Committee's Subcommittee on Telecommunications and the Internet held
a hearing titled "Digital Dividends and Other Proposals to Leverage
Investment in Technology". See,
prepared
statement [2 pages in PDF] of Rep. Ed
Markey (D-MA), the ranking Democrat on the Subcommittee, and the sponsor of
HR 1396,
the "Spectrum Commons and Digital Dividends Act of 2003". See also, prepared testimony of witnesses:
Newton Minow (Sidley Austin Brown & Wood),
Eamon Kelly (Tulane University),
James Welbourne (New Haven Free Public Library System), and
Ginger Lew (Telecommunications Development Fund).

Book Review: Human Accomplishment, by
Charles Murray

This is the third article in a series on innovation and public policy. See
also, story
titled "Nature and Causes Innovation, and the Implications for Public Policy",
November 18, 2003, and
story
titled "Bush Says Liberty Creates Innovation Which Creates Wealth", November 18,
2003. The first 16 paragraphs of this 57 paragraph article are below. The entire
article
is published in the TLJ web site.

11/19. One common denominator of many of the recent speeches, papers, and
reports about innovation and public policy is that the speakers and writers
often refer to historical
support for their arguments. However, while it is common to state that history
supports this or that proposition, very few cite any historical facts, let alone
historical works.

It is quantitative study. He identifies the leading 4,000 innovators over
the last three thousand years, and assigns scores indicating the extent of their
contributions. He also collected data on such things as when they lived, where
they lived, and what were some of the surrounding circumstances in which they
lived.

Murray
(at right) finds that "At irregular times and in scattered settings, human
beings have achieved great things. They have discovered truths about the
workings of the physical world, invented wondrous devices, combined sounds and
colors in ways that touch our deepest emotions, and arranged words in ways that
illuminate the mysteries of the human condition."

Having found that innovation occurs at irregular times and in scattered
settings, Murray then makes some significant strides, through empirical
analysis, towards identifying some conditions that have been conducive to
innovation and accomplishment, and others that have not. Since some of these
conditions, such as individual freedom and the presence of elite universities, can be either advanced
or limited by governments, the book has public policy implications. Although,
Murray asserted at a lecture at the AEI on October 27 that the book "has no
apparent public policy ramifications".

Murray's methodology is to quantify human accomplishment in many of the sciences,
technology, art, and literature over a nearly three millennium period (800 B.C.
through 1950) by resorting to what others have written about these fields. He
developed a huge database of significant figures (scientists, inventors, artists, writers,
and others) and significant events. He did not compile the lists based on his
own subjective assessments. Rather, he used a reputational approach. That is, he
collected leading encyclopedias, histories and surveys, and looked to see who
got mentioned, and by how many sources. He also considered how many pages were
devoted to each innovator or creator (he calls them "significant figures") in these sources. Based on this data, he calculated scores,
on a scale of 1 to 100, with 100 being the maximum possible.

For example, Isaac Newton and Albert Einstein both attain the maximum possible score of
100 in the field of physics. Leonhard Euler scores 100 in mathematics, James Watt and
Thomas Edison both score 100 in technology.

He has tables in the book listing the top twenty in each field. The rest of
the significant figures are
listed in appendices at the end of the book. Since his study only examines
significant figures through 1950, most information technology innovators are missing from
the book. However, Johan Gutenberg, famous for his printing press, just misses the top twenty
in technology with a score of 23, and has
to settle for a listing in the appendix.
Charles Babbage, who
worked on his "Difference Engine", makes the top twenty in technology,
at 11th
place, with a score of 33 out of 100.
Guglielmo
Marconi is 6th
in the field of technology with a score of 50.
John Von Neumann, who
developed the structure of digital computers, nearly makes Murray's top twenty
lists in both mathematics and technology.
Vannevar Bush, author of
"As We
May Think", scores a respectable 16 in technology.

Readers may look at the lists in this book and conclude that some people are overrated,
while others are underrated. Nevertheless, these scores and rankings reflect combined
opinions of a large number of encyclopediaists and historians who have studied
the various fields covered by the book. For example, Murray consulted 17 sources
on technology.

Murray also collected data for a large number of other variables, such place
of birth, date of birth, where these individuals grew up, where they worked, and
the dates when they flourished. He also collected data on such factors as
the political system of the various locations of these individuals,
economic growth, whether there was an elite or other university nearby, whether there was war or
domestic turmoil, and other variables.

In short, whatever the shortcomings of his methodology might be, he has amassed an amazing body of data that one might use test various
hypotheses regarding what leads to innovation, and what does not.

He then goes on to conduct some useful statistical analysis. Unfortunately,
he leaves untested many testable hypotheses that might be relevant to many
public policy debates today.

Then midway through the book he argues that the rate of accomplishment has
been on a steady decline for over century, including in science and technology.
Actually, his raw data does not demonstrate this
-- he manipulates his data. Finally, he argues that the reason for this decline
has to do with religion, transcendental goods, and the values espoused by Aristotle
in
Nicomachean Ethics.
Whatever the merits of this section of the book might be, it is of little
relevance public policy debates regarding promoting innovation.

The Senate will meet at 9:30 AM. It will resume consideration of the
conference report to accompany
HR 6,
the Energy Policy Act.

8:00 AM - 5:30 PM. The Department of Commerce's (DOC)
National Institute of Standards and Technology's
(NIST), Judges Panel of the Malcolm Baldrige National Quality Award will hold
the third day of a four day closed meeting. See,
notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at
Pages 61189 - 61190. Location: NIST, Building 222, Red Training Room,
Gaithersburg, MD.

12:00 NOON - 1:30 PM. The Congressional Internet
Caucus Advisory Committee will host a panel discussion titled "Internet in Asia:
Is the US Falling Behind?". The speakers will include Motohiro Tsuchiya
(Senior Research Fellow, Center for Global Communications, International
University of Japan), Yasu Taniwaki (Economic Counselor and Telecom Attaché,
Embassy of Japan) and Jonas Neihardt (VP for Federal Government Affairs, Qualcomm).
Lunch will be served. RSVP to rsvp@netcaucus.org
or 202-638-4370. Location: Room HC-5, Capitol Building.

TIME? The Senate Governmental Affairs Committee will
hold a business meeting to consider the nomination of
James Loy to be Deputy Secretary of Homeland
Security.

Friday, November 21

The House will meet at 9:00 AM for legislative
business. The House may take up
HR 3140,
the "Fairness to Contact Lens Consumers Act", a bill that would facilitate
the sale of contact lenses in electronic commerce. See,
Republican Whip
notice.

8:00 AM - 3:00 PM. The Department of Commerce's (DOC)
National Institute of Standards and Technology's
(NIST), Judges Panel of the Malcolm Baldrige National Quality Award will hold
the fourth day of a four day closed meeting. See,
notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at
Pages 61189 - 61190. Location: NIST, Building 222, Red Training Room,
Gaithersburg, MD.

1:00 PM. The Peter Neumann of the National Committee
on Voter Integrity (NCVI) will hold a press conference by conference call regarding
the reliability and integrity of electronic voting systems. To participate, call
1 512 225-3050 and enter passcode 65889#. For more information, contact Emily
Cadei at 202 483-1140 X 119 or cadei@epic.org.

Deadline to submit comments to the Department of Commerce's
Bureau of Industry and Security (BIS)
regarding its foreign policy-based export controls. This category includes
high performance computers, encryption items, as well as chemical and
biological agents, missiles, and "implements of torture". See,
notice in the Federal Register, October 21, 2003, Vol. 68, No. 203, at
Pages 60050-60052.

The Department
of State's (DOS) United States International Telecommunication Advisory Committee,
Telecommunication Standardization Sector (ITAC-T), will meet electronically
from November 21 through November 26, 2003 to comment on and approve normal
contributions to the ITU-T Study Group 13 meeting, which will be held February
3-13, 2004. See,
notice in the Federal Register, October 31, 2003, Vol. 68, No. 211, at
Pages 62158.

2:00 -3:30 PM. The Center for
Democracy and Technology (CDT), the Council for Excellence
in Government (CEG) and the American Council for Technology
(ACT) will host a public meeting regarding agency drafting of
reports on privacy activities under the E-Government Act. The
participants will be Eva Kleederman (Office of Management and
Budget), Dan Costello (OMB), Frank Reeder (Center for
Excellence), Ari Schwartz (CDT), Charlene Thomas (IRS). RSVP to
Danielle Wiblemo at
dani@cdt.org. Location: Willard Hotel, 1401 Pennsylvania Ave
NW, Washington, DC 20004, Pierce Room.

Deadline to submit initial comments to the
Copyright Office (CO) in response
to its Notice of Inquiry (NOI) regarding notice and recordkeeping for use of
sound recordings under statutory license. The CO published a
notice in the Federal Register stating that it "is requesting public
comment on the adoption of regulations for records of use of sound recordings
performed pursuant to the statutory license for public performances of sound
recordings by means of digital audio transmissions between October 28, 1998,
and the effective date of soon-to-be-announced interim regulations." See,
Federal Register: October 8, 2003, Vol. 68, No. 195, at Page 58054.

Deadline to submit comments to the Department of Commerce's (DOC)
Bureau of Industry and Standards (BIS),
which is also known as the Bureau of Export Administration (BXA) regarding its
proposal to amend its rules to "expand the availability of license exceptions
for exports and reexports of computer technology and software, and
microprocessor technology on the Commerce Control List (CCL) of the Export
Administration Regulations (EAR) under Export Classification Control Numbers (ECCNs)
3E002, 4D001 and 4E001. These ECCNs control technology and software that can
be used for the development, production, or use of computers, and development
and production of microprocessors." Comments are due by November 24, 2003.
See,
notice in the Federal Register, October 24, 2003, Vol. 68, No. 206, at
Pages 60891-60895.

Deadline to submit comments to the Federal
Communications Commission (FCC) in response to its notice of proposed
rulemaking (NPRM) regarding digital low power television and television
translator stations. This is FCC 03-198, in MB Docket No. 03-185. See,
notice in the Federal Register, September 26, 2003, Vol. 68, No. 187, at
Pages 55566 - 55573.

Wednesday, November 26

Deadline to submit nominations to the
Department of Commerce's (DOC)
Technology Administration (TA) of
individuals for appointment to the National Medal of Technology Nomination
Evaluation Committee (NMTNEC). The TA states that "Typically, Committee
members are present or former Chief Executive Officers, former winners of the
National Medal of Technology; presidents or distinguished faculty of universities;
or senior executives of non-profit organizations." See,
notice in the Federal Register, October 27, 2003, Vol. 68, No. 207, at
Page 61190.

Deadline for the Federal
Communications Commission's (FCC) Media
Security and Reliability Council (MRSC) to complete voting on recommendations
regarding prevention and restoration measures to ensure the continued operation and
security of media facilities in the face of a national emergency. These recommendations
were presented at the biannual meeting of the MRSC on November 6, 2003. See, FCC
release [PDF].

Thursday, November 27

Thanksgiving Day.

People and Appointments

11/19. President Bush announced that he intends to designate James Comey
to be Acting Deputy Attorney General at the
Department of Justice (DOJ). President Bush previously nominated Comey for
this position. Sen. Charles Grassley
(R-IA) announced on November 17, 2003 that he has
placed a hold on this nomination, for reasons unrelated to Comey. See, White
House
release.

11/19. Nuala Kelly,
Chief Privacy Officer of the Department of
Homeland Security (DHS), gave a
speech at her
swearing in ceremony. She stated that "There is no more important role for our
federal government than to provide a safe space for our citizens and our
visitors -- in both mind and body. ... And I am confident that this mission can
be accomplished while respecting the privacy and civil liberties of the
individual." She added that "The role of the Department is not only to protect
the people and places of this country, it is to protect the liberties and the
way of life that make this country great. The protection of privacy, of the
dignity of the individual, is not a value that can be added on to this or any
other organization later, and that is why I am so pleased to have been here from
almost the very beginning. This value is one that must be embedded in the very
culture and structure of the organization."

More News

11/17. The Federal Communications
Commission (FCC) released its "Report
and Order" [62 pages in PDF] regarding additional spectrum for unlicensed wireless devices
operating in the 5 GHz region. The FCC announced, but did not release, this order at
its November 13 meeting. See, story titled "FCC Adopts Report and Order Providing
More Spectrum for Unlicensed Devices" in TLJ Daily E-Mail Alert No. 779, November 14,
2003. This is FCC 03-287 in ET Docket No. 03-122.

11/19. The Federal Communications Commission
(FCC) released an
Order
[16 pages in PDF] in its proceeding titled "In the matter of Petition for
Forbearance From E911 Accuracy Standards Imposed On Tier III Carriers For Locating Wireless
Subscribers Under Rule Section 20.18(h)" denying a petition filed by twelve
small Commercial Mobile Wireless Service (CMRS) carriers requesting forbearance
of certain E911 Phase II requirements. This is FCC 03-297 in WT Docket No.
02-377.

11/19. The General Accounting Office (GAO)
released a report [15 pages in PDF]
titled "Computer-Based Patient Records: Short-Term Progress Made, But Much Work
Remains to Achieve A Two-Way Data Exchange Between VA and DOD Health Systems".

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